49.34(3)(d)
(d) Reimbursement to an agency may be based on total costs agreed to by the parties regardless of the actual number of service units to be furnished, when the agency is entering into a contract for a new or expanded service that the purchaser recognizes will require a start-up period not to exceed 180 days. This reimbursement applies only if identified client needs necessitate the establishment of a new service or expansion of an existing service.
49.34(3)(e)
(e) If the purchaser finds it necessary to terminate a contract prior to the contract expiration date for reasons other than nonperformance by the provider, the actual cost incurred by the provider may be reimbursed in an amount determined by mutual agreement of the parties.
49.34(3)(f)
(f) Advance payments of up to one-twelfth of an annual contract may be allowed under the contract. If the advance payment exceeds $10,000, the provider shall supply a surety bond in an amount equal to the amount of the advance payment applied for. No surety bond is required if the provider is a state agency. The cost of the surety bond shall be allowable as an expense.
49.34(4)
(4) For purposes of this section and as a condition of reimbursement, each provider under contract shall:
49.34(4)(a)
(a) Except as provided in this subsection, maintain a uniform double entry accounting system and a management information system which are compatible with cost accounting and control systems prescribed by the department. The department shall establish a simplified double-entry bookkeeping system for use by family-operated group homes. Each purchaser shall determine whether a family-operated group home from which it purchases services shall use the double-entry accounting system or the simplified system and shall include this determination in the purchase of service contract. In this paragraph, "family-operated group home" means a group home licensed under
s. 48.66 (1) (a) for which the licensee is one or more individuals who operate not more than one group home.
49.34(4)(b)
(b) Cooperate with the department and purchaser in establishing costs for reimbursement purposes.
49.34(4)(c)
(c) Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $25,000. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this paragraph for any family-operated group home, as defined in
par. (a), from which it purchases services.
49.34(4)(d)
(d) Transfer a client from one category of care or service to another only with the approval of the purchaser.
49.34(4)(e)
(e) Charge a uniform schedule of fees as specified under
s. 49.32 (1) unless waived by the purchaser with the approval of the department. Whenever providers recover funds attributed to the client, such funds shall offset the amount paid under the contract.
49.34(5)
(5) Except as provided in
sub. (5m), the purchaser shall recover from provider agencies money paid in excess of the conditions of the contract from subsequent payments made to the provider.
49.34(5m)(a)1.
1. "Provider" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17), and that contracts under this section to provide client services on the basis of a unit rate per client service or a county department under
s. 46.215,
46.22,
46.23,
51.42, or
51.437 that contracts under this section to provide client services on the basis of a unit rate per client service.
49.34(5m)(a)2.
2. "Rate-based service" means a service or a group of services, as determined by the department, that is reimbursed through a prospectively set rate and that is distinguishable from other services or groups of services by the purpose for which funds are provided for that service or group of services and by the source of funding for that service or group of services.
49.34(5m)(b)1.1. Subject to
subds. 2. and
3. and
par. (em), if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the provider may retain from the surplus generated by that rate-based service up to 5% of the contract amount. A provider that retains a surplus under this subdivision shall use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus.
49.34(5m)(b)2.
2. Subject to
subd. 3. and
par. (em), a provider may accumulate funds from more than one contract period under this paragraph, except that, if at the end of a contract period the amount accumulated from all contract periods for a rate-based service exceeds 10% of the amount of all current contracts for that rate-based service, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess and use any of that excess that is not returned to a purchaser to reduce the provider's unit rate per client for that rate-based service in the next contract period. If a provider has held for 4 consecutive contract periods an accumulated reserve for a rate-based service that is equal to or exceeds 10% of the amount of all current contracts for that rate-based service, the provider shall apply 50% of that accumulated amount to reducing its unit rate per client for that rate-based service in the next contract period.
49.34(5m)(b)3.
3. If on December 31, 1995, the amount accumulated by a provider from all contract periods ending on or before that date for all rate-based services provided by the provider exceeds 10% of the provider's total contract amount for all rate-based services provided by the provider in 1995, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess.
49.34(5m)(em)
(em) Notwithstanding
par. (b) 1. and
2., a county department under
s. 46.215,
51.42, or
51.437 providing client services in a county having a population of 500,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus under
par. (b) 1. or accumulate funds under
par. (b) 2. from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under
42 USC 601 to
619.
49.34(5m)(f)
(f) All providers that are subject to this subsection shall comply with any financial reporting and auditing requirements that the department may prescribe. Those requirements shall include a requirement that a provider provide to any purchaser and the department any information that the department needs to claim federal reimbursement for the cost of any services purchased from the provider and a requirement that a provider provide audit reports to any purchaser and the department according to standards specified in the provider's contract and any other standards that the department may prescribe.
49.34(6)
(6) Contracts may be renegotiated by the purchaser under conditions specified in the contract.
49.34(7)
(7) The service provider under this section may appeal decisions of the purchaser in accordance with terms and conditions of the contract and
ch. 68 or
227.
49.343
49.343
Rates for residential care centers and group homes. 49.343(1)(1) Subject to
sub. (1m), each residential care center for children and youth, as defined in
s. 48.02 (15d), and each group home, as defined in
s. 48.02 (7), that is incorporated under
ch. 180,
181,
185, or
193 shall establish a per client rate for its services and shall charge all purchasers the same rate.
49.343(1m)
(1m) Notwithstanding
sub. (1), the department, a county department under
s. 46.215,
46.22,
46.23,
51.42, or
51.437, a group of those county departments, or the department and one or more of those county departments, and a residential care center for children and youth or group home, as described in
sub. (1), may negotiate a per client rate for the services of that residential care center for children and youth or group home, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential care center for children and youth or group home during the period for which that rate is effective. A residential care center for children and youth or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services.
49.343(2)
(2) A residential care center for children and youth or a group home, as described in
sub. (1) or
(1m), shall submit to the department the rate it charges and any change in that rate before a charge is made to any purchaser. The department shall provide forms and instructions for the submission of rates and changes in rates under this subsection and a residential care center for children and youth or a group home that is required to submit a rate or a change in a rate under this subsection shall submit that rate or change in a rate using those forms and instructions.
49.343(3)
(3) The department may require an audit of any residential care center for children and youth or group home, as described in
sub. (1) or
(1m), for the purpose of collecting federal funds.
49.343 History
History: 2007 a. 20 s.
830; Stats. 2007 s. 49.343.
49.345
49.345
Cost of care and maintenance; liability; collection and deportation counsel; collections; court actions; recovery. 49.345(1)(1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section are governed exclusively by this section, except in cases of child support ordered by a court under
s. 48.355 (2) (b) 4.,
48.357 (5m) (a), or
48.363 (2) or
ch. 767.
49.345(2)
(2) Except as provided in
sub. (14) (b) and
(c), any person, including but not limited to a person placed under
s. 48.345 (3) or
48.357 (1) or
(2m), receiving care, maintenance, services, and supplies provided by any institution in this state, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in
s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under
s. 49.32 (1). If a spouse, widow, or minor, or an incapacitated person may be lawfully dependent upon the property for his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for the person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.
49.345(3)
(3) After investigation of the liable persons' ability to pay, the department shall make collection from the person who in the opinion of the department under all of the circumstances is best able to pay, giving due regard to relationship and the present needs of the person or of the lawful dependents. However, the liability of relatives for maintenance shall be in the following order: first, the spouse of the person; then, in the case of a minor, the parent or parents.
49.345(4)(a)(a) If a person liable under
sub. (2) fails to make payment or enter into or comply with an agreement for payment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under
ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order.
49.345(4)(b)
(b) If judgment is rendered in an action brought under
par. (a) for any balance that is 90 or more days past due, interest at the rate of 12 percent per year shall be computed by the clerk and added to the liable person's costs. That interest shall begin on the date on which payment was due and shall end on the day before the date of any interest that is computed under
s. 814.04 (4).
49.345(4)(c)
(c) If the department issues an order to compel payment under
par. (a), interest at the rate of 12 percent per year shall be computed by the department and added at the time of payment to the person's liability. That interest shall begin on the date on which payment was due and shall end on the day before the date of final payment.
49.345(5)
(5) If any person named in an order to compel payment issued under
sub. (4) (a) fails to pay the department any amount due under the terms of the order, and no contested case to review the order is pending, and the time for filing for a contested case review has expired, the department may present a certified copy of the order to the circuit court for any county. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this subsection shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.
49.345(6)
(6) The sworn statement of the collection and deportation counsel, or of the secretary, shall be evidence of the fee and of the care and services received by the person.
49.345(7)
(7) The department shall administer and enforce this section. It shall appoint an attorney to be designated "collection and deportation counsel" and other necessary assistants. The department may delegate to the collection and deportation counsel such other powers and duties as it considers advisable. The collection and deportation counsel or any of the assistants may administer oaths, take affidavits and testimony, examine public records, and subpoena witnesses and the production of books, papers, records, and documents material to any matter of proceeding relating to payments for the cost of maintenance. The department shall encourage agreements or settlements with the liable person, having due regard to ability to pay and the present needs of lawful dependents.
49.345(8)
(8) The department may do any of the following:
49.345(8)(a)
(a) Appear for the state in any and all collection and deportation matters arising in the several courts, and may commence suit in the name of the department to recover the cost of maintenance against the person liable therefor.
49.345(8)(b)
(b) Determine whether any person is subject to deportation, and on behalf of this state enter into reciprocal agreements with other states for deportation and importation of persons who are public charges, upon such terms as will protect the state's interests and promote mutual amicable relations with other states.
49.345(8)(c)
(c) From time to time investigate the financial condition and needs of persons liable under
sub. (2), their present ability to maintain themselves, the persons legally dependent upon them for support, the protection of the property and investments from which they derive their living and their care and protection, for the purpose of ascertaining the person's ability to make payment in whole or in part.
49.345(8)(d)
(d) After due regard to the case and to a spouse and minor children who are lawfully dependent on the property for support, compromise or waive any portion of any claim of the state or county for which a person specified under
sub. (2) is liable, but not any claim payable by an insurer under
s. 632.89 (2) or
(2m) or by any other 3rd party.
49.345(8)(e)
(e) Make an agreement with a person who is liable under
sub. (2), or who may be willing to assume the cost of maintenance of any person, providing for the payment of such costs at a specified rate or amount.
49.345(8)(f)
(f) Make adjustment and settlement with the several counties for their proper share of all moneys collected.
49.345(8)(g)
(g) Pay quarterly from the appropriation under
s. 20.437 (1) (gg) the collection moneys due county departments under
ss. 46.22 and
46.23. Payments shall be made as soon after the close of each quarter as is practicable.
49.345(9)
(9) Any person who willfully testifies falsely as to any material matter in an investigation or proceeding under this section shall be guilty of perjury. Banks, employers, insurers, savings banks, savings and loan associations, brokers, and fiduciaries, upon request of the department, shall furnish in writing and duly certified, full information regarding the property, earnings, or income or any funds deposited to the credit of or owing to any person liable under
sub. (2). That certified statement shall be admissible in evidence in any action or proceeding to compel payment under this section, and shall be evidence of the facts stated in the certified statement, if a copy of the statement is served upon the party sought to be charged not less than 3 days before the hearing.
49.345(10)
(10) The department shall make all reasonable and proper efforts to collect all claims for maintenance, to keep payments current, and periodically to review all unpaid claims.
49.345(11)(a)(a) Except as provided in
par. (b), in any action to recover from a person liable under this section, the statute of limitations may be pleaded in defense.
49.345(11)(b)
(b) If a person who is liable under this section is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in
s. 859.02 shall be exclusively applicable. This paragraph applies to liability incurred on or after July 20, 1985.
49.345(14)(a)(a) Except as provided in
pars. (b) and
(c), liability of a person specified in
sub. (2) or
s. 49.32 (1) for care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, subsidized guardianship homes, and residential care centers for children and youth is determined in accordance with the cost-based fee established under
s. 49.32 (1). The department shall bill the liable person up to any amount of liability not paid by an insurer under
s. 632.89 (2) or
(2m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay established by the department under
s. 49.32 (1). Any liability of the person not payable by any other person terminates when the person reaches age 18, unless the liable person has prevented payment by any act or omission.
49.345(14)(b)
(b) Except as provided in
par. (c), and subject to
par. (cm), liability of a parent specified in
sub. (2) or
s. 49.32 (1) for the care and maintenance of the parent's minor child who has been placed by a court order under
s. 48.355 or
48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department under
s. 49.22 (9) and by applying the percentage standard in the manner established by the department under
par. (g).
49.345(14)(c)
(c) Upon request by a parent, the court may modify the amount of child support payments determined under
par. (b), subject to
par. (cm), if, after considering the following factors, the court finds by the greater weight of the credible evidence that the use of the percentage standard is unfair to the child or to either of the parents:
49.345(14)(c)2.
2. The physical, mental, and emotional health needs of the child, including any costs for the child's health insurance provided by a parent.
49.345(14)(c)3.
3. The standard of living and circumstances of the parents, including the needs of each parent to support himself or herself at a level equal to or greater than that established under
42 USC 9902 (2).
49.345(14)(c)5.
5. The earning capacity of each parent, based on each parent's education, training, and work experience and based on the availability of work in or near the parent's community.
49.345(14)(c)6.
6. The need and capacity of the child for education, including higher education.
49.345(14)(c)8.
8. The financial resources and the earning ability of the child.
49.345(14)(c)9.
9. The needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.
49.345(14)(c)10.
10. The best interests of the child, including, but not limited to, the impact on the child of expenditures by the family for improvement of any conditions in the home that would facilitate the reunification of the child with the child's family, if appropriate, and the importance of a placement that is the least restrictive of the rights of the child and the parents and the most appropriate for meeting the needs of the child and the family.
49.345(14)(c)11.
11. Any other factors that the court in each case determines are relevant.
49.345(14)(cm)1.1. Except as provided in
subd. 2., if a parent who is required to pay child support under
par. (b) or
(c) is receiving adoption assistance under
s. 48.975 for the child for whom support is ordered, the amount of the child support payments determined under
par. (b) or
(c) may not exceed the amount of the adoption assistance maintenance payments under
s. 48.975 (3) (a). If an agreement under
s. 48.975 (4) is in effect that provides for a payment of $0 under
s. 48.975 (3) (a), the payment of $0 shall be considered to be an adoption assistance maintenance payment for purposes of this subdivision.
49.345(14)(cm)2.
2. Subdivision 1. does not apply if, after considering the factors under
par. (c) 1. to
11., the court finds by the greater weight of the credible evidence that limiting the amount of the child support payments to the amount of the adoption assistance maintenance payments under
s. 48.975 (3) (a) is unfair to the child or to either of the parents.
49.345(14)(d)
(d) If the court finds under
par. (c) that use of the percentage standard is unfair to the minor child or either of the parents, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's order deviates from that amount, its reasons for finding that use of the percentage standard is unfair to the child or the parent, its reasons for the amount of the modification, and the basis for the modification.
49.345(14)(e)1.1. An order issued under
s. 48.355 (2) (b) 4.,
48.357 (5m) (a), or
48.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under
ch. 102 or
108, and other money due or to be due in the future to the county department under
s. 46.22 or
46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under
subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.
49.345(14)(e)2.
2. Except as provided in
subd. 3., for each payment made under the assignment, the person from whom the payer under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer.
49.345(14)(e)3.
3. Benefits under
ch. 108 may be assigned and withheld only in the manner provided in
s. 108.13 (4). Any order to withhold benefits under
ch. 108 shall be for an amount certain. When money is to be withheld from these benefits, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.
49.345(14)(e)4.
4. No employer may use an assignment under this paragraph as a basis for the denial of employment to a person, the discharge of an employee, or any disciplinary action against an employee. An employer who denies employment or discharges or disciplines an employee in violation of this subdivision may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this subdivision, restitution shall be in accordance with
s. 973.20. An aggrieved person may apply to the district attorney or to the department of workforce development for enforcement of this subdivision.
49.345(14)(e)5.
5. The department shall promulgate rules for the operation and implementation of assignments under this paragraph.
49.345(14)(f)
(f) If the amount of the child support determined under this subsection is greater than the cost for the care and maintenance of the minor child in the residential, nonmedical facility, the assignee under
par. (e) 1. shall expend or otherwise dispose of any funds that are collected in excess of the cost of such care and maintenance in a manner that the assignee determines will serve the best interests of the minor child.
49.345(14)(g)
(g) For purposes of determining child support under
par. (b), the department shall promulgate rules related to the application of the standard established by the department under
s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under
s. 48.355 or
48.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.
49.345(16)
(16) The department shall delegate to county departments under
ss. 46.22 and
46.23 or the local providers of care and services meeting the standards established by the department under
s. 49.34 the responsibilities vested in the department under this section for collection of fees for services other than those provided at state facilities, if the county departments or providers meet the conditions that the department determines are appropriate. The department may delegate to county departments under
ss. 46.22 and
46.23 the responsibilities vested in the department under this section for collection of fees for services provided at the state facilities if the necessary conditions are met.
49.345 History
History: 2007 a. 20 ss.
893,
1507.
49.345 Annotation
Sections 46.03 (18) and 46.10 do not constitute an unlawful delegation of legislative power. In Matter of Guardianship of Klisurich,
98 Wis. 2d 274,
296 N.W.2d 742 (1980).
49.345 Annotation
Sub. (3) and s. 46.03 (18) permit the department to promulgate rules that consider non-liable family members' incomes in determining a liable family member's ability to pay. In Interest of A.L.W.
153 Wis. 2d 412,
451 N.W.2d 416 (1990).
49.345 Annotation
Section 46.03 (18) (b) imposes liability upon minors and parents for the costs of services, but does not give counties an automatic right of recovery; Section 46.10 governs enforcement procedure and allows courts to exercise discretion. In Matter of S.E. Trust,
159 Wis. 2d 709,
465 N.W.2d 231 (Ct. App. 1990).
49.345 Annotation
The uniform fee system under ss. 46.03 (18) and 46.10 allows imputing income and, consequently, looking beyond tax returns to determine ability to pay. In Interest of Kevin C.
181 Wis. 2d 146,
510 N.W.2d 746 (Ct. App. 1993).
49.345 Annotation
A circuit court may order parents to pay toward a child's support when a CHIPS child is placed in residential treatment, but the court may not assess any of the facility's education-related costs against the parents. Calumet County Department of Human Services v. Randall H. 2002 WI 126,
257 Wis. 2d 57,
653 N.W.2d 503,
01-1272.
49.345 Note
NOTE: The above-cited cases relate to cost of care and maintenance for a person receiving services provided by predecessor agencies to the department of children and families under s. 46.10.
49.35
49.35
Public assistance; supervisory functions of department.
